The Allahabad High Court of Uttar Pradesh, while hearing the husband’s petition, stayed the family court’s order granting interim maintenance grant to the wife. The Allahabad High Court has said in its order that as per Section 125(4) of the CrPC, if there is an allegation by the husband that the wife is committing adultery, then the family court will decide this issue first and Only after the conclusion, the decision to pay support will be made.
The court said that the Firozabad family court has not decided the issue of adultery in the order granting interim maintenance allowance of Rs 7,000 to the wife. The court stayed the execution of the family court order granting interim maintenance and sent notice to the opposite wife and sought her response within three weeks. The next hearing will be on November 25.
What allegation did the husband make?
Justice Manjeev Shukla issued this order while hearing the husband’s application. Challenging the interim order passed by the Firozabad Family Court on 13 April 23. During the hearing, the husband’s counsel told the court that in his objection to the wife’s application under Article 125, The husband accused her of living in adultery. But the court did not rule on the matter and ordered alimony to be paid.
Arguing on behalf of her husband, the lawyer told the court that under Article 125 (4), the court has no right to make an order for the payment of maintenance without deciding the objection. The court has considered that the issue deserves to be examined.
